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Bessemer and Lake Erie Railroad Company--Abandonment Exemption-- in Butler County, PA

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 [Federal Register: January 9, 2001 (Volume 66, Number 6)]
[Notices]
[Page 1719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja01-109]

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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-88 (Sub-No. 11X)]


Bessemer and Lake Erie Railroad Company--Abandonment Exemption--
in Butler County, PA

    Bessemer and Lake Erie Railroad Company (B&LE) has filed a notice
of exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and
Discontinuances to abandon and discontinue service over its line of
railroad known as the Hilliard's Branch, extending from Station 195+00
East to End of Track, at Station 380+88.4, in Butler County, PA, a
distance of 3.52 miles. The line traverses United States Postal Service
Zip Code 16020.
    B&LE has certified that: (1) No local traffic has moved over the
line for at least 2 years; (2) no overhead traffic has been handled
over the line for at least 2 years; (3) no formal complaint filed by a
user of rail service on the line (or by a state or local government
entity acting on behalf of such user) regarding cessation of service
over the line either is pending with the Surface Transportation Board
(Board) or with any U.S. District Court or has been decided in favor of
complainant within the 2-year period; and (4) the requirements at 49
CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports),
49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to governmental
agencies) have been met.
    As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line R. Co.--
Abandonment--Goshen, 360 I.C.C. 91 (1979). To address whether this
condition adequately protects affected employees, a petition for
partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no
formal expression of intent to file an offer of financial assistance
(OFA) has been received, this exemption will be effective on February
8, 2001, unless stayed pending reconsideration. Petitions to stay that
do not involve environmental issues,\1\ formal expressions of intent to
file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking
requests under 49 CFR 1152.29 must be filed by January 19, 2001.
Petitions to reopen or requests for public use conditions under 49 CFR
1152.28 must be filed by January 29, 2001, with: Surface Transportation
Board, Office of the Secretary, Case Control Unit, 1925 K Street, NW.,
Washington, DC 20423.
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    \1\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Section of Environmental Analysis in its independent investigation)
cannot be made before the exemption's effective date. See Exemption
of Out-of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for
a stay should be filed as soon as possible so that the Board may
take appropriate action before the exemption's effective date.
    \1\ Each offer of financial assistance must be accompanied by
the filing fee, which currently is set at $1000. See 49 CFR
1002.2(f)(25).
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    A copy of any petition filed with the Board should be sent to
applicant's representative: Thomas R. Ogoreuc, Esq., Bessemer and Lake
Erie Railroad Company, 135 Jamison Lane, Monroeville, PA 15146.
    If the verified notice contains false or misleading information,
the exemption is void ab initio.
    B&LE has filed an environmental report which addresses the
abandonment's effects, if any, on the environment and historic
resources. The Section of Environmental Analysis (SEA) will issue an
environmental assessment (EA) by January 12, 2001. Interested persons
may obtain a copy of the EA by writing to SEA (Room 500, Surface
Transportation Board, Washington, DC 20423) or by calling SEA, at (202)
565-1545. Comments on environmental and historic preservation matters
must be filed within 15 days after the EA becomes available to the
public.
    Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), B&LE shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the line. If
consummation has not been effected by B&LE's filing of a notice of
consummation by January 9, 2002, and there are no legal or regulatory
barriers to consummation, the authority to abandon will automatically
expire.

    Decided: December 29, 2000.

    By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 01-332 Filed 1-8-01; 8:45 am]
BILLING CODE 4915-01-U

 
 

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